May 27th, 1958.
<br />
<br />real estate in Virginia, that assessmenz can not be changed except as provided
<br />by law. If the single assessor ordinance is repealed, the only lawful means
<br />of changing any assessment mad~ by Mr. Pop~ will he through the Board of Equali-
<br />za$ion or by assessors.appointed by.the Cou~t of Hustings in accordinance with
<br />the general law. A quadrennial assessment.under general law was due in the year
<br />1958. The practice has been to appoint the assessors- on the 31st day of December
<br />of the year of t~e assessment. Should the single assessor ordinance be repealed
<br />by referendum, ! ~would expec~ that one or more citizens will petition the Court
<br />of Hustings to appoint assessors for ther purpose of making a quadrennial assess-
<br />meut in the year 1958. Since such assessment would have ~o be completed prior ~o
<br />March 1, 1959, the Court might decline to appoint the assessors in view of the
<br />short time remaining in which they could complete the work. In any case, the Com-
<br />missioner of Revenue is not authorized to make any assessment under the general
<br />law, except i~dividual adjustments to.reflect new construction or loss due to
<br />fire, etc.
<br /> Should the single assessor ordinance be repealed by referendum, it is
<br />my oplnlon that the City Council may not enact s new assessment ordinance of
<br />similar nature within two years unless authority is conferred by a vote of the
<br />people.
<br /> Insofar as levying real estate taxes for the year 1959, should the or -
<br />dinance be repealed, the method and procedure would depend upon whether or not the
<br />Court of Hustings appointed assessors to make s quadrennial assessment. In any case,
<br />it greatly complicates the adoption of a budget for the fiscal ~year commencing July
<br />l, 1958, if the ordinance is repealed. I tmust that .these opinions will fully an-
<br />swer the questions presented by Councilman Smith. Signed - J.S. Livesay,Jr.,
<br /> City Attorney."
<br />
<br />On motion filed.
<br />
<br />payment of license taxes
<br />penalty, due to the fact
<br />
<br />adopted.
<br />
<br />58-166 - "I am submitting a letter from A.E. Parker, and recommend that the date for
<br />on mercantile and professional ~licens~s ,be extended from May 31st to June 2nd without
<br />that May 30th is a legal holiday and the City Collector's office will be closed."
<br />
<br />Motion of Mr. Weiseman to concur in the ~ecommendation of the City Manager, was
<br />
<br /> 58-167 - "I am reporting that the change maker was installed a~ Edinbu~g parking
<br />lo~ and we find that.'there has been only an average of four or five users per day~
<br /> I do not consider this use sufficient, to show a need for the change makers
<br />and recommend that the change, maker be returned to the manufacturer, if the condition should change in the fu -
<br />ture, and a need be shown, the change makers can then be purchased and placed on the lots,
<br />
<br />Motion~of Mr. Kirby to concur in the recommendation of the City Manage~ was adopted.
<br />
<br /> 58-168 -- "I submit one deed and four agreements between the City of Suffolk and the
<br />City of Portsmouth. The deed simply changes a special warranty deed dated the 27th day of August, 1948 to the
<br />special warranty deed for the same parcel of land ~o remove restrictions.
<br /> The agreements concern the Lake Meade Dam. I recommend that the proper
<br />city officials be authorized and directed to execute the deed and agreements for and on behalf of the City and
<br />that the City Clerk be authorized and directed to attest the same and affix the City seal thereto."
<br />
<br /> Motion of ~ir. Smith that proper city officials be authorized to sign the deed and agree
<br />merits, was ~dopted and by the following vote:
<br />
<br />Ay¢s: Bartlett, Baker, Hinton, Kirby, Scott, Smith, Weiseman
<br />Nays: None
<br />
<br />58-169 - "Mr. B.W. Baker requested tha~ three items be placed on the agenda.
<br />
<br /> No. 1. Question of Put, chase of Merrimac Park. I am of the opinion Mr. Baker and
<br />other members of Council are fully informed concerning this matter. By an Act of the Legislature, there must be
<br />a referendum held after September 1st, 1958 concerning the Park and I am sure each member of Council knows that
<br />by Council action the City holds an option to buy the Seaboard Airline Waterfront property,which expires on
<br />July 31st, 1958, unless previously exercised.
<br /> No. 2. The Manager has followed the same procedure followed in previous years by
<br />submitting a tentative budget ~o Council for. next year and Council has held one budget conference at which time
<br />I believe less than one half of the items were considered. When Council has completed the budget conference and
<br />determines what, if any, services are to be discontinued or curtailed and what salary increases, if any, are to
<br />be approved, the Manager will then inform the Council what, in his opinion, will be required to balance the budget
<br />and means of raising the necessary funds.
<br /> No. 3. City Manager has no authority concerning the letters referred ~o."
<br />
<br /> Motion of Mr. Baker that the Councilmen who authorized the literature to be placed with
<br />the permanent assessor ordinance £or mailing to the vo~ers, sign the same, was lost, and by the following yore:
<br />
<br />Ayes: Baker, Weiseman
<br />Nays: Bartlett, Hinton, Kirby, Scott,Smith
<br />
<br /> 58-170 - "I h~ve been requested, by Mr Hill of the Virginia Ports Authority to bring to
<br />your attention the proposed deep channel extension in the Southern Branch of the Elizabeth River on which a pub-
<br />lic2hearing will be held on the 9th of June, 1958, by Col. O.J. Pickard, District Engineer, Corps of Engineers.
<br /> It was suggested by Mr. Hill tha~ the ~ouncil might wish zo adopt a resolutio~
<br />favorisg the project. I am of the'opinion it would be most beReficiaLto this area and reco~end that a reso -~
<br />lutionapproving the further development of the port by dredging and extending the 35 ft. channel in the Souther~
<br />branch as proposed."
<br />
<br />
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